The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-03-16

SUCCESSFULLY elected at the expiration Of the
second term in 1857, 1881 and 1850, holding the
lucrative Office until 1885, when, under ths re-
construction acts OF Congress- the entire tate
Government was reorgnnized. AS we Fave
said, the subject Of this sketch has alway, de-
voted himself exclusively to his profession,
having engaged In no other occupation or pur-
suit, and having no taste for political lit,, he
OF any legislative body. He was chosen to
represent his fellow-citizens without soil cita-
tlon on his part In the Secession Convention
called by the State in 1850, and In 1865 he was
again chosen to represent them In the con ven-
ton called under what is now known as the
reconstruction policy Of President Andrew
johnson and to both he was chosen without
desire on s port was as n6e a6p bndes
but US q member of their committees he per-
formed his fair share of the delicate and i'm.
portant work entrusted TO them. When the
war that resulted from the act OF secession
was begun, though, having neither taste nor
q turn for military life. he thought 1t his duty
to defend the principles for which his state
contcnded, and under conscientious convlc.
ton OF their rghifnlness, he entered the f,1
the close OF the war, a reminder OF Whlch ne
to day carries upon his person, having been
severely wounded in battle twice In the lame
day. Yet, Notwithstanding his yalor ani ad'
mitted worth, he never attained higher po.
sition than the modest rank Of Captain. At
the close OF this Protracted and frightlul con-
f1Ict be found himself without high titleI as q
soldier, without means, with country I'M
poverished, with business at standstill, With
the courts, the forum OF his ambition and sue,
cess, closed. the future dark, uncertain and
He wisely concluded that the only course was
to submit, hopefully and cheerfully, to the IN
evitable. He accordingly devoted the sum-
mer and autumn Of 1865 TO careful review o.
the aS his practice haying been
opened In the spring Of 1886, he found hi msel1
equipped at all points and fully prepared ior
the large and lucrative practice that I'm nedl'
terfield, Marlborough, Darlington and Merton;
It may be that he was out Of place In POI ltlcal
and military life, but at the bar ne was truly
the master in his own domain. His ad iress,
and the logical presentation OF his case, and
his easy eloquence at once placed him In the
front rank Of the profession. Hence, when
the control Of the state Government T. ~ tsle tS,
ligent elements Of society, where undg any
system OF good government 1t rightfully be.
longs, Mr.. McIver came to his own. Ga the
18th OF May lS77 he was elestsd dt Ass2c.aEe saa;
ma 10 fill out the uneIpired term OF Mr.. Asso-
ciate Justice Willard, who had lust theE been
elected Chief Justice 10 f1ll out the uneIpired
ceased. The term Of Mr.. Justice willard as
Associate Justice would have expired en- the
3lst Of July, 1878. and accordingly at the regn' ECU
lar Gession Of Legislature on December. !sa1;
Mr. Justice McIver was unanimously eiecteo
Associate Justice for the full term OF Six years,
beginning on the 1st Of August, 1873. Tne
term OF Chief Justice Moses, deceased, you'd
cordingiy at the preceding session OF L'gisla,
ture in December, 1879, an election wah held
for Chief Justice for The term OF six yea's and
Judge McIver was unanimously elected -.
We now enter upon chapter In the lile 30, O.
upon him as man and as m unself1sh potrl"
OF. The right to hold the election OF that time
was strongly disputed by the then Chiti Jus;
his election MS Chief Justice In May, 1877. he
was entitled To hold the office for the full term
OF six years, to wit, until May, 1879, ami that
his tenure was not limited t1 the
however, took n different view, rs the wordI
OF the Constitution clearly warranted. 10 VIII,
that Willard was elected and could only holo
office for the uneIrired term. and therefore
election in December, 1879, to fill the vacancy
that would occur In the office Of Chief Justice
on the Goth OF July, 1880. The election OF
Judge Mclver rs Ghiel Justice woEra, ca o.,
vacant at that date; and upon mature deiio'
Grafton the conclusion was reached that the
Legislature had no power 10 NIL the vacancy
at that time-in advance-which would occur
Iyer) should accept the office OF CHIEF Justice
In August, 1880, which would then become va
cant under the theory upon which the Legis-
lature had acted; and that therefore the title
TO the office Of one who should then be elect.
ed Associate Justice to I'LL the vacancy occa-
stoned by Judge McIver's acceptance OF the
office OF Chief Justice in August. 1850, might
tIon rs Chief Justice wns beyond question,
but the title Of the person who should be elec-
ted In the place OF Associate Justice Mc!ver
would not only be questioned. but would, IN
the opinion OF the AttorneyG General, te very
questionable. This, OF course, would nave
embarrassed very much, II It would not have
thrown an inseparable obstacle In the way OF
was then known Chief Justice Willard in.
which he afterward did make unsnccessfully.
The practical question to Judge Mc!ver was,
whether he should merely for the additional
honor and emolumcnt incident to the cffice OF
Chief Justice, ex pose the State to the hazard
Of having Its most conservative element.tho
Iudiciary-at q most momentnus crisis disor-
ganized, and its authority called In question.
To such predicament there could be hut one
answer from any rlght.minded, patriotic man,
and Judge McIver tUds such man. Accord
ingly, he addressed a letter to the LEGISLATURE
and the present Chief Justice Simpson was
elected in his stead. Since that time, to wit,
December, 1883, Judge McIver has again been
re elected unanimously to the office OF ARso-
y
the lst OF August, 1884, and Is now engaged In
the discharge Of the duties OF that office.
Such is brief outline Of the life, character
and public services OF one who has III every
way adorned the profession. In private life
he unites the advantages Of an Imposing per.
son, remarkable cOlloQuial powers and genial
manners. At the Bar he pressed home his
causes with earnegtness, eloQuence and abill-
ty. On the bench he is at once dignifled,
courteous and patient. Judge McIver may be
said literally to hear cause He never inter.
rupts counsel in argument except briefly, and
to fiI his own understanding OF
O fact. No matter how full the printed notes
OF the argument may be, he rarely follows the
printed page Except when necessary for an
authority, but keeps his attention fixed upon
counsel engaged in presenting tho ca7e. He
nevcranticipates the argument (as Is too often
done) by suggesting difficulties, for he takes
1t for granted that these will he met ard over
come at the proper time and In the proper
place. He gives the same earnest attention to
the diffldcnt young debutante that he does to
the venerable senior. To the younger men,
bers Of the profession everywhere Judge Nc
liver teaches by example that declamatory
harangues to the populace are not necessary
to success; that political life to lawy er Is Of
en- q snare and pitfall; that high character,
good manners, capable and exact learning.
with n careful attention to business, will lead
more surely, step by step, 10 the highest re-
wards OF the profession:
THE VERDICT OF THE EDGEFIELD JURY